What types of Nursing Home Abuse and Neglect Cases do You Handle in Cleveland?

Elder abuse refers to intentional actions that cause harm or create a serious risk of harm, regardless of whether harm is intended, to an elderly person by a caregiver. Abuse includes failure by a caregiver to satisfy an elder’s basic needs—neglect.

Nursing home residents should never choke or suffocate in nursing homes. Choking and suffocation deaths in nursing home are preventable. Unfortunately, they do happen. And probably much more often than most people can imagine. Choking and suffocation continue to be leading causes of death in nursing homes.

Nursing homes need to protect their residents. Elderly people with memory problems sometimes wander off. This is called “elopement.”

Nursing homes are required to assess residents to prevent this from happening. Nursing homes must have precautions in place to prevent residents from wandering off. This includes having the appropriate amount of staff to monitor residents. Nursing homes must also place alarms on doors and respond to those alarms to stop residents before they are injured.

If residents are permitted to wander off they can be severely injured. There have been examples of residents freezing to death in cold, being struck by cars, and falling down stairs.

It should go without saying that sexual abuse anywhere, including in nursing homes, is a crime that must eradicated from society. Disgustingly, every year we see nursing home sexual abuse cases make headlines.

These are frequently the result of corporate greed and incompetence refusing to do required background checks.

When a nursing home’s abuse and neglect causes injury, the injured resident has a personal injury case. When that injury causes the resident’s death—whether immediately, or over time—the resident’s family has a case. It is called a “wrongful death” claim.

Assisted Living Facilities, called Residential Care Facilities in Ohio, are not nursing homes, and are not as well regulated as nursing homes. That doesn’t mean someone injured or killed in a residential care facility has no claim. But the types of claims, and how to pursue them, are different.

What Are the Nursing Homes in the Cleveland, Ohio Area?

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Will a Jury Decide My Cleveland Nursing Home Lawsuit?

We always insist on having a jury trial in nursing home lawsuits. Cuyahoga County jurors are called as a “jury pool” for a selection process that decides whether they will hear a trial.

Here’s what the Cuyahoga County Common Pleas Court tells jurors about the trial process:

Who will be on the Jury in My Cleveland Nursing Home Abuse Trial?

The jury is made up of regular people who live in Cuyahoga County, Ohio. A large group of people will receive a letter (called a summons) telling them to come to court for jury duty.

Not everyone who receives a summons will be on the jury. The entire group that comes to court is called the “jury pool.”

The lawyers and the judge then get to ask questions to see who will be a good fit for the case. Some people will not be chosen for a number of reasons. It could be that they know one of the people involved in the case or may be biased for some reason.

When is an autopsy performed?

The Medical Examiner’s office does not autopsy everyone reported to their office.

When no “foul play” is suspected and evidence of a natural death is present. In other cases, where there is the possibility of legal proceedings, which may arise as a result of a homicide, accident, suicide, etc., an autopsy will be performed. In these cases, both positive and negative information is found which substantiates the ruling and cause of death as signed by the Medical Examiner.

Does the Medical Examiner need permission from next of kin to perform an autopsy?

Ohio law (ORC 2108.52) provides that the Medical Examiner/Coroner does not need permission to perform an autopsy. The Department of the Medical Examiner will attempt to comply with the wishes of the next of kin, especially if there is a family religious interest and when this does not conflict with the duties of the Medical Examiner as charged by Ohio law.

What is an autopsy and is there a charge?

An autopsy is a systematic examination by a qualified physician respectful of a deceased person for the purpose of determining the cause of death and recovering from the body evidence of the cause of death. A record is made of the findings of the autopsy, including microscopic and toxicological laboratory tests. These laboratory tests are conducted after the release of the body to the next of kin for burial. There is no charge to the next of kin for an autopsy nor for any of the tests which may be conducted by the Medical Examiner’s Department.

How long does it take for a death ruling to be made?

This procedure is handled differently by various Counties. In many cases, a signed death certificate accompanies the body when it is released by the Medical Examiner. When there is insufficient information available to complete the death certificate, a “Pending findings, facts, and verdict” death certificate is issued that accompanies the body. This death certificate enables the funeral services and burial to take place while additional chemical, microscopic slide preparation and examination, and other investigation continues. At the culmination of these tests and investigation, a ruling is made based on all available information. A supplemental death certificate is then issued with the cause of death and ruling which supersedes the “Pending” death certificate.

A Coroner’s Report from the Cuyahoga County Coroner’s Office includes:

a Finding of Fact and Verdict page

the Forensics Pathologist’s Autopsy or External Examination Protocol

and a Toxicology Report (if toxicology testing was performed).

Coroner’s reports become public record once the case is completed. Anyone may request a copy of any report. All copies of the Coroner’s reports are certified.

Cases take approximately 10-12 weeks from the date of death for completion, at that time the Coroner’s Report will be sent out to all parties who have requested it.

You can request a coroner’s report here: https://coroner.franklincountyohio.gov/services/coroners-report

Will an autopsy disfigure the body and prevent an open casket funeral?

Necessary incisions used to perform the autopsy are easily covered by clothing and do not prevent open casket viewing.

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What Types of Deaths Should Be Reported to the Coroner’s Office?

Not all deaths have to be reported to the coroner, also called a medical examiner in some counties. However, whenever a person dies of “violent, suspicious, unusual, or sudden death,” that has to be reported to the coroner by law in Ohio.

Ohio Revised Code 313.12 says:

When any person dies as a result of criminal or other violent means, by casualty, by suicide, or in any suspicious or unusual manner, when any person, including a child under two years of age, dies suddenly when in apparent good health, or when any person with a developmental disability dies regardless of the circumstances, the physician called in attendance, or any member of an ambulance service, emergency squad, or law enforcement agency who obtains knowledge thereof arising from the person’s duties, shall immediately notify the office of the coroner of the known facts concerning the time, place, manner, and circumstances of the death, and any other information that is required pursuant to sections 313.01 to 313.22 of the Revised Code.

Only the coroner or medical examiner can certify a death as being anything other than “natural.” This means that only a medical examiner or coroner can determine whether a person’s death was the result of suicide, homicide, or accident.

Most nursing home deaths that result in litigation are caused by accidental death or homicide.

Unfortunately, far too many primary care and other doctors choose not to alert the coroner or medical examiner after a person has died following trauma or other unusual circumstances, including after a nursing home resident falls.

When this occurs, it is important for the family to contact the coroner or medical examiner’s office as soon as possible. This can help ensure that the proper cause of death is given.

Here’s the information the Cuyahoga County Medical Examiner’s Office provides on reportable deaths:

What Does it Mean to Probate An Estate?

The deceased person cannot file his own lawsuit. Ohio law has a process where all beneficiaries are represented in a single wrongful death lawsuit through the creation of an estate. Although each surviving member of a decedent’s immediate family may be entitled to receive monetary compensation, there is only one cause of action for the recovery of that compensation under Ohio’s wrongful death statute.

Opening An Estate

The actual lawsuit is brought in the name of the representative of the estate for the exclusive benefit of the surviving spouse, children, parents, and other next-of-kin. The estate is created by filing certain paperwork in the probate court.

The “estate” is nothing more than a legal process where the probate court oversees the business of the deceased (including where money is being sent and how or if debts are being paid) and the wrongful death claim that belongs to the family members.

The probate court will then issue paperwork entitling a specific person to serve as the representative of the estate. The individual appointed by the probate court is the personal representative of the estate. The personal representative is then required to act in the best interests of the beneficiaries of the estate. The probate court must approve any wrongful death settlement.

Choosing A Personal Representative

Any competent adult person may serve as the personal representative of an estate. In order to be appointed as a personal representative of an estate in Ohio, a person must meet 4 requirements.

Be at least 18 years of age (i.e., legally competent);

Be mentally competent;

Be bonded by a private insurance company; and

Not have a criminal record (in order to be bonded).

If the deceased dies with a will, the will sometimes waives the bond requirement. Under those circumstances, in order to be appointed as the personal representative, the person must only meet the first two requirements, be over the age of 18 and be mentally competent.

Prior to appointing a personal representative of an estate, beneficiaries have the right to receive notice of the request and object to an applicant’s request to be the personal representative in a hearing. If the beneficiaries do not object to a person being named a personal representative and he or she meets the legal requirements, he or she will usually be named the personal representative by the probate court.

There is no requirement that the personal representative be a beneficiary of the wrongful death claim, be a member of the family, or even have ever known the deceased person. On certain occasions, a lawyer, bank official, or other neutral third-party may be appointed as the personal representative of the estate. This may be the most desirable outcome if, for example, no family member can be bonded or there is family conflict that prevents all beneficiaries from agreeing on a single family member to serve as personal representative.

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What does A Personal Representative Do?

In many ways, the personal representative acts like plaintiff in a traditional lawsuit. The difference, however, is that the personal representative is not only making decisions that affect his or her own interests, but is making decisions that affect all beneficiaries of the wrongful death claim.

For example, the personal representative decides whether to file a lawsuit, who and when to sue, what lawyer to have represent the estate for court proceedings, and whether or not to settle the lawsuit, although the probate court must always approve the settlement before it can be finalized.

The personal representative often times has more contact with the lawyers representing the estate (although this is not always the case), is required to participate in certain stages of litigation after the lawsuit is filed called discovery, attends court hearings and pre-trials, and participates in settlement negotiations and mediations.

The personal representative is important because they have the power to choose which lawyer will protect all the beneficiaries’ interests. This is an important decision. The lawyer chosen has a tremendous impact on the final settlement or jury verdict. Picking an experienced wrongful death lawyer who has the ability and expertise to not only go to trial but secure a jury verdict is critical.

Given the amount of responsibility that goes into being the personal representative of an estate, it is important to have a personal representative who is organized, responsive, willing to vigorously pursue the claim, and make decisions that are most advantageous to all beneficiaries.

A probate court may remove the administrator of decedent’s estate when the administrator refuses to bring a wrongful death action when a legitimate wrongful death claim exists. See Toledo Bar Ass’n v.Rust, 124 Ohio St. 3d 305, 2010 Ohio 170.

The executor or administrator may be an individual, a bank, or trust company.

The duties of an executor or administrator are:

To determine the names, ages, and degree of relationship of heirs;

To take possession of, and conserve all of the real and personal property of the decedent;

To file with the Probate Court an inventory of all the assets held in the name of the decedent;

To receive and determine the validity of all claims against the decedent’s estate;

To file tax returns and to pay income and estate taxes;

To make distribution of the estate’s assets to the proper persons;

To file an account of all receipts and disbursements made by the executor or administrator with the Probate Court. If the total value of all property in the decedent’s name is $35,000 or less, the estate can be relieved from the administration requirements.

For dates of death on and after March 18, 1996, assets of $100,000 or less can be relieved from administration provided the surviving spouse is the sole heir at law or under a will.

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The Probate Court is established in each county of Ohio to supervise the administration of the estate of a decedent who was a legal resident in the county at the time of his or her death. Each transaction involved in the administration of an estate is subject to the examination and approval of the Probate Court.

Other matters within the Probate Court’s jurisdiction are: issuance of marriage licenses, adoptions, guardianship proceedings, the involuntary commitment of the mentally ill, and land appropriation cases.

You will likely not speak to us immediately, but will schedule a phone or in-person meeting. Why? Because we’re busy working on the important cases other families have entrusted to us. Just like we would not constantly take phone calls when we’re entrusted to work on your case.

You should also gather all the records and papers you have from the medical providers, go back and look for dates, names, and events that happened, and otherwise prepare to discuss the case. We’ll have a meeting and, if it seems like a case we’d be a good fit for, we’ll move into an investigation phase.

Once we’ve investigated, we’ll candidly tell you what we think about what happened, whether the medical provider is to blame, and what we think about the strength of the case.

Fair warning: we only take on clients whose cases we believe have very strong merits. We’re not lazy—the cases are still very complex, difficult, and expensive—but the risk to your family of being drawn into a difficult process with little chance of a positive outcome is not something we do.

Which means when we do take on a case, our reputation tells the other side this is a serious case we believe in.

If for whatever reason we do not take on the case, and we think there is some merit to the case, we’ll try and help you find a lawyer who might take it on.

Do you have questions about a possible Cleveland Nursing Home Abuse and Neglect case? Contact us now using this confidential form. We'll help you get answers.

Our No Fear Guarantee

Guess what? That’s true for just about any plaintiff’s lawyer. It’s what a “contingency fee” means. It doesn’t mean they’ll work hard. Or get a good result for you. It doesn’t mean much at all.

What we promise you is a NO FEAR guarantee.

What does that mean? For 99% of our clients, a medical injury caused by negligence is new. The medical malpractice lawsuit process is new. Depositions, discovery, trial . . . everything is new.

New can be scary. Especially when it involves having to testify under oath.

We’ve developed systems that let you address and move past the fear. Through education and information about the process. Role-playing and other preparation techniques. We empower you to be fearless. Because this process is hard enough.

Find the Right Nursing Home Abuse and Neglect Lawyers for You

Nursing homes are regulated by federal and state regulations that most personal injury lawyers know nothing about.

If you're looking to take on a nursing home, you need a lawyer who knows those rules.

We exclusively handle medical claims, with a focus on nursing home abuse and neglect. We've tried these cases and obtained millions in damages at trial. 100% our cases involve the failure to provide appropriate hospital, medical, and nursing care to members of the community.

How We’re Paid

We advance the costs of the investigation and lawsuit. We only get paid from money we collect in a settlement of verdict: there’s never a bill to you.

By taking on all the risk, you can be sure we’re only going to take on cases we believe in fully.

What Can We Do to Imrpove Nursing Home Conduct?

Nursing Homes are corporations: they speak the language of money. Corporations, even non-profit corporations, are not real people; they do not have hearts, minds, or souls.

In our experience, holding a medical corporation responsible and accountable for carelessly injuring patients through a money verdict at trial, or a settlement motivated by their fear of trial, is the best way to make sure there is change.

A well-fought lawsuit can help prevent other people from being injured in the same way.

What Damages are Available?

Money damages available in a nursing home lawsuit can involve economic costs (medical bills, etc.), emotional harms like pain and suffering, disfigurement, disability, and, if the injuries cause death, the mental anguish and loss of family members for wrongful death.

Many states allow for punitive damages when a medical corporation consciously disregards a patient’s rights and safety with a great probability of causing substantial harm. They are awarded in exceptional cases.

We’ve proven punitive damages at trial, including a $3,000,000 verdict for punitive damages against one of the largest medical companies in America.

Punitive damages are intended to punish, deter the defendant from doing the same thing in the future, and reform the nursing home industry.

What Else Can I do Besides Contacting You?

Once you contact us, you'll get a list of next steps, as well as emails explaining how the process works. So contact us now, or call us at 216-777-8856.

I Have More Questions...

If you're like most of our clients, you have a lot more questions.

The best way to get answers is to contact us now, then ask us. But don't worry! Contacting us costs you nothing, and you are not locked into hiring us.

There's no risk in contacting us. And you'll receive more information on how these cases work, including free access to our library of important information on nursing home and wrongful death cases.

What Clients Say About Us

You should call Eadie Hill Trial Lawyers because they are reliable and understanding of their different clients needs and situations. Overall trustworthy.

Sloan Tomblin

Michael and Will are forever part of our lives and our Family. I am forever grateful to both of them, and I am honored to call them my friends.

Marilyn MazzoneCleveland, Ohio Nursing Home Client

Michael spent hours getting to know all the details of my aunt's life and going through pictures with us. It was clear that Michael was an honest and good person who genuinely cared about my family. These are just the things we saw him do. I know that he was working around the clock on things we didn't see.

Mark J.Ohio Wrongful Death Client

Michael, I cannot thank you enough for what you were able to do for my family. I never doubted staying with you as a client when you left the larger law firm. We can start a new chapter of our life, and we have your law firm to thank.

Wendy Tomblin

I felt comfortable right away with having [William Eadie] handle our mom's case. His knowledge of nursing homes was exceptional, this included both medical and how they are run.

Mark MaximOhio Nursing Home Client

Will and the group at Eadie Hill Trial Lawyers are very personable and knowledgeable. They are easy to talk to and make you feel comfortable.

Karen Thomas

We came to Michael Hill with a very complicated legal issue after a loved one died. He navigated my family through the process of recovery and helped us move on with our lives. I highly recommend Michael Hill and his law firm, Eadie Hill Trial Lawyers.

Anthony F. Ohio Wrongful Death Client

I am so relieved that I chose to bring my legal matter to Eadie Hill trial lawyers. Michael is a dedicated attorney who handles his clients with the utmost care. He is professional, personable, and compassionate. From the first call with Michael I knew that I made the right decision. If I ever need a lawyer for another legal matter I would not hesitate to call Michael again.

Stay Connected with Eadie Hill

Do not use this website outside the United States. See our privacy policy here.Each case is unique and the law frequently changes, so do not rely on any of the information that you read on this website without first talking to one of our lawyers first.If you contact Eadie Hill, but do not hear from a lawyer, we are not your attorneys. If we talk, but we do not accept your case and enter a representation agreement with you, we are not your attorneys.We try to respond to all inquiries. Due to the nature of electronic communication, and volume of inquiries we receive, we might miss yours. We recommend calling to discuss your potential claim. In no event should you wait to take action on your case simply because you have contacted us.We may refer your case to another attorney if we determine they would be better able to handle your case.We handle cases throughout Ohio. You can see our locations here

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